tender document tender for supply and delivery of … · tender document tender for supply and...

Haile Selassie Avenue

P. O. Box 60000 Nairobi Kenya

Telephone 2860000 Telex 22324

Fax 310604/340192

TENDER DOCUMENT

TENDER FOR SUPPLY AND DELIVERY OF BOTTLED

DRINKING WATER TO CENTRAL BANK OF KENYA-

FRAMEWORK CONTRACT FOR THE PERIOD ENDING

30TH APRIL 2020

TENDER NO.CBK/51/2017/2018

CLOSING DATE: 15TH MARCH, 2018 AT 10.30 A.M

BANKI

KUU YA

KENYA

CENTRAL

BANK OF

KENYA

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TABLE OF CONTENTS

SECTION I: INVITATION TO TENDER ......................................................................... 3

SECTION II: INSTRUCTIONS TO TENDERERS .......................................................... 5

SECTION II: INSTRUCTIONS TO TENDERERS .......................................................... 6

SECTION III: GENERAL CONDITIONS OF CONTRACT .......................................... 20

SECTION III - GENERAL CONDITIONS OF CONTRACT .................................. 21

SECTION IV: SPECIAL CONDITIONS OF CONTRACT ............................................ 26

SECTION V: SCHEDULE OF REQUIREMENTS AND PRICING .............................. 27

SECTION VI - TECHNICAL REQUIREMENTS........................................................... 34

SECTION VII- STANDARD FORMS ............................................................................ 36

7.1 FORM OF TENDER .................................................................................................. 37

7.2 CONTRACT FORM ................................................................................................... 38

7.3 CONFIDENTIAL BUSINESS QUESTIONNAIRE/PROFILE OF THE COMPANY

........................................................................................................................................... 39

7.4 TENDER SECURITY FORM .................................................................................... 40

7.7 LETTER OF NOTIFICATION OF AWARD ............................................................ 42

7.8 FORM RB 1 ................................................................................................................ 43

7.9 DECLARATION FORM ....................................................................................... 44

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SECTION I: INVITATION TO TENDER

1. The Central Bank of Kenya invites sealed tenders from eligible Suppliers of

Bottled Drinking Water to Head Office, KSMS, Branches and Currency

Centres.

2. Further information as pertains to this tender may be obtained during working hours

(Monday to Friday) between 9:00 am and 5:00 pm using the following address:

The Ag. Director, Procurement and Logistics Services, Tel: +254 20

2861000/2860000, 5th Floor, Central Bank of Kenya, Haile Selassie Avenue,

Nairobi, Email: [email protected]

3. A complete set of tender documents containing detailed information may be

obtained from Central Bank of Kenya, Head Office, along Haile Selassie Avenue,

Procurement and Logistics Services Department on 5th Floor OR Downloaded

from the Central Bank of Kenya website: www.centralbank.go.ke or the

IFMIS Tender Portal www.supplier.treasury.go.ke for free. Bidders who

download the tender document are advised to sign a tender register at Procurement

Division on 5th Floor CBK Building or email their contact address using the email:

[email protected] before the tender closing date.

4. Prices quoted should be inclusive of all taxes and delivery costs and must be

expressed in Kenya shillings and shall remain valid for a period of 120 days from

the closing date of the tender.

5. A Tender Security of Kshs 50,000 will be required for this tender.

6. Completed Tender Documents in plain sealed envelopes marked with the tender

number and title should be deposited in the Green Tender Box No. 3 located at

the main entrance to the CBK Building on Haile Selassie Avenue before 15th

March, 2018, at 10.30am. Late bids will not be accepted and will be returned

unopened.

7. Tenders will be opened immediately thereafter, i.e. on 15th March, 2018 at

10.30am in the presence of the tenderers representatives who may choose to attend

the opening at the Central Bank of Kenya Head Office, DPLS Conference Room

on 5th Floor.

8. Bid document to be serialized/paginated on all pages.

AG. DIRECTOR,

DEPARTMENT OF PROCUREMENT & LOGISTICS SERVICES

mailto:[email protected]

http://www.centralbank.go.ke/

http://www.supplier.treasury.go.ke/

mailto:[email protected]

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GUIDELINES IN PREPARATION OF BID DOCUMENT

In preparing the bid document in response to the tender, bidders are advised to note the

following:

1. Secion I – Invitation to Tender. This section gives guidelines on how and where

to seek further clarification pertaining to the tender document; the form and amount

of Tender Security required; where and when the tenders should be submitted; and

place where tenders will be opened.

2. Section II – Instruction to Tenderers. This section guides tenderers basically on

how to prepare their bid and how the tendering process will be carried out up to the

award stage including notification of award to the successful bidder. “Appendix to

Instruction to Tenderers” customizes clauses under Section II. Wherever there is a

conflict between the provisions of the Instructions to Tenderers under Section II

and the provisions of the appendix, the provisions of the appendix prevail.

3. Evaluation Criteria: This gives information on how the tender will be evaluated.

Tenderers should be able to evaluate their bids before submission to determine in

advance whether they meet the requirement of the bid or not. Through the

evaluation criteria bidders will be able to note all the required documents that

should be attached to the bid document.

Checklist of Document Forming the Bid Document:

No. Documents forming part of the bid Remarks

1 The main sections of the tender document that includes Section I – Invitation to Tender;

Section II – Instruction to Tenderers, including Appendix to Instruction to Tenderers; and

section III – General Conditions of the Contract, including Special Conditions of Contract

These Sections

remain as they are in

the tender document.

2 Copy of Certificate of Incorporation or Business Registration Certificate

3 Copy of the company’s current Certificate of Tax Compliance issued by Kenya Revenue

Authority (KRA) OR by the relevant body of the domiciled country or the relevant tax payment

compliance documentation issued by the country of operation valid at least up to the tender

closing date.

4 Provide documentary evidence that the company is authorized by the manufacturer of the items

quoted

5 Financial proposal containing priced schedules Prices quoted to be

inclusive of taxes

6 Duly filled and signed Form of Tender in the format provided in the tender document

7 Dully filled and signed Confidential Business Questionnaire in the form or format provided in

the tender document

8 Copy of Company profile. This should include testimonials of technical personnel, list of similar

contracts done previously with supporting documents e.g. LPOs and Contracts.

9 Duly filled and signed declaration form in the form provided

10 Bid document to be serialized/paginated on all pages

11 Bidders should use the Bank’s tender document or ensure to align their documentation to it.

12 Tender security of Kshs 50,000.00 valid for 150 days after the date of tender opening

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SECTION II: INSTRUCTIONS TO TENDERERS Table of Clauses

Table of Contents 2.1 Eligible Tenderers .......................................................................................................6

2.2 Eligible Goods ..............................................................................................................6

2.3 Cost of Tendering ........................................................................................................6

2.4 The Tender Document ................................................................................................6

2.5 Clarification of Documents ........................................................................................7

2.6 Amendment of Documents .........................................................................................7

2.7 Language of Tender ....................................................................................................7

2.8 Documents Comprising of Tender ............................................................................8

2.9 Tender Forms ..............................................................................................................8

2.10 Tender Prices .............................................................................................................8

2.11 Tender Currencies ....................................................................................................8

2.12 Tenderers Eligibility and Qualifications .................................................................8

2.13 Goods Eligibility and Conformity to Tender Documents .....................................9

2.14 Tender Security ........................................................................................................10

2.15 Validity of Tenders .................................................................................................10

2.16 Format and Signing of Tender ...............................................................................11

2.17 Sealing and Marking of Tenders ................................................................ 11

2.18 Deadline for Submission of Tenders .....................................................................12

2.19 Modification and Withdrawal of Tenders ............................................................12

2.20 Opening of Tenders..................................................................................................12

2.21 Clarification of Tenders ..........................................................................................13

2.22 Preliminary Examination ........................................................................................13

2.23 Conversion to Single Currency ...............................................................................13

2.24 Evaluation and Comparison of Tenders ................................................................14

2.25 Preference .................................................................................................................14

2.26 Contacting the Procuring entity .............................................................................14

2.27 Award of Contract ...................................................................................................14

2.28 Notification of Award ..............................................................................................14

2.29 Signing of Contract ..................................................................................................15

2.30 Performance Security ..............................................................................................16

2.31 Corrupt or Fraudulent Practices ............................................................................16

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SECTION II: INSTRUCTIONS TO TENDERERS

2.1 Eligible Tenderers

2.1.1 This Invitation for Tenders is open to all tenderers eligible as described in the

Invitation to Tender. Successful tenderers shall complete the supply of goods by

the intended completion date specified in the Schedule of Requirements Section V.

2.1.2 The procuring entity’s employees, committee members, board members and their

relative (spouse and children) are not eligible to participate in the tender.

2.1.3 Tenderers shall provide the qualification information statement that the tenderer

(including all members of a joint venture and subcontractors) is not associated, or

have been associated in the past, directly or indirectly, with a firm or any of its

affiliates which have been engaged by the Procuring entity to provide consulting

services for the preparation of the design, specifications, and other documents to be

used for the procurement of the goods under this Invitation for tenders.

2.1.4 Tenderers shall not be under a declaration of ineligibility for corrupt and fraudulent

practices.

2.2 Eligible Goods

2.2.1 All goods to be supplied under the contract shall have their origin in eligible source

countries.

2.2.2 For purposes of this clause, “origin” means the place where the goods are mined,

grown, or produced. Goods are produced when, through manufacturing,

processing, or substantial and major assembly of components, a commercially-

recognized product results that is substantially different in basic characteristics or

in purpose or utility from its components

2.2.3 The origin of goods is distinct from the nationality of the tenderer.

2.3 Cost of Tendering

2.3.1 The Tenderer shall bear all costs associated with the preparation and submission of

its tender, and the procuring entity, will in no case be responsible or liable for those

costs, regardless of the conduct or outcome of the tendering process.

2.3.2 The price to be charged for the tender document shall not exceed Kshs.5,000/=

2.3.3 All firms found capable of performing the contract satisfactorily in accordance with

the set prequalification criteria shall be prequalified.

2.4. The Tender Document

2.4.1 The tender document comprises the documents listed below and addenda issued in

accordance with clause 2.6 of these instructions to Tenderers

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(i) Invitation to Tender

(ii) Instructions to tenderers

(iii) General Conditions of Contract

(iv) Special Conditions of Contract

(v) Schedule of requirements

(vi) Tender Form and Price Schedules

(vii) Tender Security Form

(viii) Contract Form

(ix) Performance Security Form

(x) Confidential Business Questionnaire

2.4.2 The Tenderer is expected to examine all instructions, forms, terms, and

specifications in the tender documents. Failure to furnish all information required

by the tender documents or to submit a tender not substantially responsive to the

tender documents in every respect will be at the tenderers risk and may result in the

rejection of its tender.

2.5 Clarification of Documents

2.5.1 A prospective tenderer requiring any clarification of the tender document may

notify the Procuring entity in writing or by post at the entity’s address indicated in

the Invitation to Tender. The Procuring entity will respond in writing to any

request for clarification of the tender documents, which it receives not later than

seven (7) days prior to the deadline for the submission of tenders, prescribed by

the procuring entity. Written copies of the Procuring entities response (including

an explanation of the query but without identifying the source of inquiry) will be

sent to all prospective tenderers that have received the tender document.

2.5.2 The procuring entity shall reply to any clarifications sought by the tenderer within

3 days of receiving the request to enable the tenderer to make timely submission of

its tender.

2.6 Amendment of Documents

2.6.1 At any time prior to the deadline for submission of tenders, the Procuring entity,

for any reason, whether at its own initiative or in response to a clarification

requested by a prospective tenderer, may modify the tender documents by

amendment.

2.6.2 All prospective candidates that have received the tender documents will be notified

of the amendment in writing or by post and will be binding on them.

2.6.3 In order to allow prospective tenderers reasonable time in which to take the

amendment into account in preparing their tenders, the Procuring entity, at its

discretion, may extend the deadline for the submission of tenders.

2.7 Language of Tender

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2.7.1 The tender prepared by the tenderer, as well as all correspondence and documents

relating to the tender exchange by the tenderer and the Procuring entity, shall be

written in English language, provided that any printed literature furnished by the

tenderer may be written in another language provided they are accompanied by an

accurate English translation of the relevant passages in which case, for purposes of

interpretation of the tender, the English translation shall govern.

2.8 Documents Comprising of Tender

2.8.1 The tender prepared by the tenderers shall comprise the following components

(a) a Tender Form and a Price Schedule completed in accordance with

paragraph 2.9, 2.10 and 2.11 below

(b) documentary evidence established in accordance with paragraph 2.1

that the tenderer is eligible to tender and is qualified to perform the

contract if its tender is accepted;

(c) documentary evidence established in accordance with paragraph 2.2

that the goods and ancillary services to be supplied by the tenderer

are eligible goods and services and conform to the tender

documents; and

(d) tender security furnished in accordance with paragraph 2.14

2.9 Tender Forms

2.9.1 The tenderer shall complete the Tender Form and the appropriate Price Schedule

furnished in the tender documents, indicating the goods to be supplied, a brief

description of the goods, their country of origin, quantity, and prices.

2.10 Tender Prices

2.10.1 The tenderer shall indicate on the appropriate Price Schedule the unit prices and

total tender price of the goods it proposes to supply under the contract

2.10.2 Prices indicated on the Price Schedule shall include all costs including taxes,

insurances and delivery to the premises of the entity.

2.10.3 Prices quoted by the tenderer shall be fixed during the Tender’s performance of

the contract and not subject to variation on any account. A tender submitted with

an adjustable price quotation will be treated as non-responsive and will be rejected,

pursuant to paragraph 2.22

2.10.4 The validity period of the tender shall be 60 days from the date of opening of the

tender.

2.11 Tender Currencies

2.11.1 Prices shall be quoted in Kenya Shillings unless otherwise specified in the

Appendix to Instructions to Tenderers.

2.12 Tenderers Eligibility and Qualifications

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2.12.1 Pursuant to paragraph 2.1 the tenderer shall furnish, as part of its

tender, documents establishing the tenderers eligibility to tender and

its qualifications to perform the contract if its tender is accepted.

2.12.2The documentary evidence of the tenderers eligibility to tender shall establish to the

Procuring entity’s satisfaction that the tenderer, at the time of submission of its

tender, is from an eligible source country as defined under paragraph 2.1

2.12.3The documentary evidence of the tenderers qualifications to perform the contract if

its tender is accepted shall be established to the Procuring entity’s satisfaction;

(a) that, in the case of a tenderer offering to supply goods under the contract

which the tenderer did not manufacture or otherwise produce, the tenderer

has been duly authorized by the goods’ Manufacturer or producer to supply

the goods.

(b) that the tenderer has the financial, technical, and production capability

necessary to perform the contract;

(c) that, in the case of a tenderer not doing business within Kenya, the tenderer

is or will be (if awarded the contract) represented by an Agent in Kenya

equipped, and able to carry out the Tenderer’s maintenance, repair, and

spare parts-stocking obligations prescribed in the Conditions of Contract

and/or Technical Specifications.

2.13 Goods Eligibility and Conformity to Tender Documents

2.13.1 Pursuant to paragraph 2.2 of this section, the tenderer shall furnish, as part of its

tender documents establishing the eligibility and conformity to the tender

documents of all goods which the tenderer proposes to supply under the contract

2.13.2 The documentary evidence of the eligibility of the goods shall consist of a statement

in the Price Schedule of the country of origin of the goods and services offered

which shall be confirmed by a certificate of origin issued at the time of shipment.

2.13.3 The documentary evidence of conformity of the goods to the tender documents may

be in the form of literature, drawings, and data, and shall consist of:

(a) a detailed description of the essential technical and performance

characteristic of the goods;

(b) a list giving full particulars, including available source and current prices of

spare parts, special tools, etc., necessary for the proper and continuing

functioning of the goods for a period of two (2) years, following

commencement of the use of the goods by the Procuring entity; and

(c) a clause-by-clause commentary on the Procuring Entity’s Technical

Specifications demonstrating substantial responsiveness of the goods and

service to those specifications, or a statement of deviations and exceptions

to the provisions of the Technical Specifications.

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2.13.4 For purposes of the documentary evidence to be furnished pursuant to paragraph

2.13.3(c) above, the tenderer shall note that standards for workmanship, material,

and equipment, as well as references to brand names or catalogue numbers

designated by the Procurement entity in its Technical Specifications, are intended

to be descriptive only and not restrictive. The tenderer may substitute alternative

standards, brand names, and/or catalogue numbers in its tender, provided that it

demonstrates to the Procurement entity’s satisfaction that the substitutions ensure

substantial equivalence to those designated in the Technical Specifications.

2.14 Tender Security

2.14.1 The tenderer shall furnish, as part of its tender, a tender security for the amount

specified in the Appendix to Invitation to Tenderers.

2.14.2 The tender security shall be in the amount of 0.5 – 2 per cent of the tender price.

2.14.3 The tender security is required to protect the Procuring entity against the risk of

Tenderer’s conduct which would warrant the security’s forfeiture, pursuant to

paragraph 2.14.7

2.14.4 The tender security shall be denominated in Kenya Shillings or in another freely

convertible currency, and shall be in the form of a bank guarantee or a bank draft

issued by a reputable bank located in Kenya or abroad, or a guarantee issued by a

reputable insurance company in the form provided in the tender documents or

another form acceptable to the Procuring entity and valid for thirty (30) days

beyond the validity of the tender.

2.14.5 Any tender not secured in accordance with paragraph 2.14.1 and 2.14.3 will be

rejected by the Procuring entity as non-responsive, pursuant to paragraph 2.22

2.14.6 Unsuccessful Tenderer’s tender security will be discharged or returned as promptly

as possible as but not later than thirty (30) days after the expiration of the period of

tender validity prescribed by the Procuring entity.

2.14.7 The successful Tenderer’s tender security will be discharged upon the tenderer

signing the contract, pursuant to paragraph 2.27 and furnishing the performance

security, pursuant to paragraph 2.28

2.14.8 The tender security may be forfeited:

(a) if a tenderer withdraws its tender during the period of tender validity

specified by the procuring entity on the Tender Form; or

(b) in the case of a successful tenderer, if the tenderer fails:

(i) to sign the contract in accordance with paragraph 2.27 or

(ii) to furnish performance security in accordance with paragraph 2.28

2.15 Validity of Tenders

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2.15.1 Tenders shall remain valid for 90 days or as specified in the Invitation to Tender

after the date of tender opening prescribed by the Procuring entity, pursuant to

paragraph 2.18. A tender valid for a shorter period shall be rejected by the

Procuring entity as non-responsive.

2.15.2 In exceptional circumstances, the Procuring entity may solicit the Tenderer’s

consent to an extension of the period of validity. The request and the responses

thereto shall be made in writing. The tender security provided under paragraph

2.14 shall also be suitably extended. A tenderer may refuse the request without

forfeiting its tender security. A tenderer grantin the request will not be required nor

permitted to modify its tender.

2.16 Format and Signing of Tender

2.16.1 The Procuring entity shall prepare two copies of the tender, clearly marking each

“ORIGINAL TENDER” and “COPY OF TENDER,” as appropriate. In the event

of any discrepancy between them, the original shall govern.

2.16.2 The original and all copies of the tender shall be typed or written in indelible ink

and shall be signed by the tenderer or a person or persons duly authorized to bind

the tenderer to the contract. The latter authorization shall be indicated by written

power-of-attorney accompanying the tender. All pages of the tender, except for

unamended printed literature, shall be initialed by the person or persons signing the

tender.

2.16.3 The tender shall have no interlineations, erasures, or overwriting except as

necessary to correct errors made by the tenderer, in which case such corrections

shall be initialed by the person or persons signing the tender.

2.17 Sealing and Marking of Tenders

2.17.1 The Tenderer shall seal the original and each copy of the tender in separate

envelopes, duly marking the envelopes as “ORIGINAL” and “COPY.” The

envelopes shall then be sealed in an outer envelope.

2.17.2 The inner and outer envelopes shall:

(a) be addressed to the Procuring entity at the address given in the Invitation to

Tender:

(b) bear, tender number and name in the Invitation for Tenders and

the words, “DO NOT OPEN BEFORE,” (day, date and time of closing)

2.17.3 The inner envelopes shall also indicate the name and address of the tenderer to

enable the tender to be returned unopened in case it is declared “late”.

2.17.4 If the outer envelope is not sealed and marked as required by paragraph 2.17.2, the

Procuring entity will assume no responsibility for the tender’s misplacement or

premature opening.

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2.18 Deadline for Submission of Tenders

2.18.1 Tenders must be received by the Procuring entity at the address specified under

paragraph 2.17.2 no later than (day, date and time of closing).

2.18.2 The Procuring entity may, at its discretion, extend this deadline for the submission

of tenders by amending the tender documents in accordance with paragraph 2.6, in

which case all rights and obligations of the Procuring entity and candidates

previously subject to the deadline will therefore be subject to the deadline as

extended

2.19 Modification and Withdrawal of Tenders

2.19.1 The tenderer may modify or withdraw its tender after the tender’s submission,

provided that written notice of the modification, including substitution or

withdrawal of the tenders, is received by the Procuring Entity prior to the deadline

prescribed for submission of tenders.

2.19.2 The Tenderer’s modification or withdrawal notice shall be prepared, sealed,

marked, and dispatched in accordance with the provisions of paragraph 2.17. A

withdrawal notice may also be sent by cable, telex but followed by a signed

confirmation copy, postmarked no later than the deadline for submission of tenders.

2.19.3 No tender may be modified after the deadline for submission of tenders.

2.19.4 No tender may be withdrawn in the interval between the deadline for submission

of tenders and the expiration of the period of tender validity specified by the

tenderer on the Tender Form. Withdrawal of a tender during this interval may result

in the Tenderer’s forfeiture of its tender security, pursuant to paragraph 2.14.7

2.19.5 The procuring entity may at any time terminate procurement proceedings before

contract award and shall not be liable to any person for the termination.

2.19.6 The procuring entity shall give prompt notice of the termination to the tenderers

and on request give its reasons for termination within 14 days of receiving the

request from any tenderer.

2.20 Opening of Tenders

2.20.1 The Procuring entity will open all tenders in the presence of tenderers’

representatives who choose to attend, at (time, day and date of closing) and in the

location specified in the Invitation to Tender.

The tenderers’ representatives who are present shall sign a register evidencing their

attendance.

2.20.2 The tenderers’ names, tender modifications or withdrawals, tender prices, discounts

and the presence or absence of requisite tender security and such other details as

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the Procuring entity, at its discretion, may consider appropriate, will be announced

at the opening.

2.20.3 The Procuring entity will prepare minutes of the tender opening.

2.21 Clarification of Tenders

2.21.1 To assist in the examination, evaluation and comparison of tenders the Procuring

entity may, at its discretion, ask the tenderer for a clarification of its tender. The

request for clarification and the response shall be in writing, and no change in the

prices or substance of the tender shall be sought, offered, or permitted.

2.21.2 Any effort by the tenderer to influence the Procuring entity in the Procuring entity’s

tender evaluation, tender comparison or contract award decisions may result in the

rejection of the tenderers’ tender.

2.22 Preliminary Examination

2.22.1 The Procuring entity will examine the tenders to determine whether they are

complete, whether any computational errors have been made, whether required

sureties have been furnished, whether the documents have been properly signed,

and whether the tenders are generally in order.

2.22.2 Arithmetical errors will be rectified on the following basis. If there is a discrepancy

between the unit price and the total price that is obtained by multiplying the unit

price and quantify, the unit price shall prevail, and the total price shall be corrected.

If the candidate does not accept the correction of the errors, its tender will be

rejected, and its tender security forfeited. If there is a discrepancy between words

and figures the amount in words will prevail

2.22.3 The Procuring entity may waive any minor informality or non-conformity or

irregularity in a tender which does not constitute a material deviation, provided

such waiver does not prejudice or effect the relative ranking of any tenderer.

2.22.4 Prior to the detailed evaluation, pursuant to paragraph 2.23 the Procuring entity will

determine the substantial responsiveness of each tender to the tender documents.

For purposes of these paragraphs, a substantially responsive tender is one, which

conforms to all the terms and conditions of the tender documents without material

deviations. The Procuring entity’s determination of a tender’s responsiveness is to

be based on the contents of the tender itself without recourse to extrinsic evidence.

2.22.5 If a tender is not substantially responsive, it will be rejected by the Procuring entity

and may not subsequently be made responsive by the tenderer by correction of the

non- conformity.

2.23 Conversion to Single Currency

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2.23.1 Where other currencies are used, the procuring entity will convert these currencies

to Kenya Shillings using the selling exchange rate on the date of tender closing

provided by the Central Bank of Kenya.

2.24 Evaluation and Comparison of Tenders

2.24.1 The Procuring entity will evaluate and compare the tenders which have been

determined to be substantially responsive, pursuant to paragraph 2.22

2.24.2 The tender evaluation committee shall evaluate the tender within 30 days of the

validity period from the date of opening the tender.

2.24.3 A tenderer who gives false information in the tender document about its

qualification or who refuses to enter into a contract after notification of contract

award shall be considered for debarment from participating in future public

procurement.

2.25 Preference

2.25.1 Preference where allowed in the evaluation of tenders shall not exceed 15%

2.26 Contacting the Procuring entity

2.26.1 Subject to paragraph 2.21 no tenderer shall contact the Procuring entity on any

matter related to its tender, from the time of the tender opening to the time the

contract is awarded.

2.26.2 Any effort by a tenderer to influence the Procuring entity in its decisions on tender,

evaluation, tender comparison, or contract award may result in the rejection of the

Tenderer’s tender.

2.27 Award of Contract

(a) Post-qualification

2.27.1 In the absence of pre-qualification, the Procuring entity will determine to its

satisfaction whether the tenderer that is selected as having submitted the lowest

evaluated responsive tender is qualified to perform the contract satisfactorily.

2.27.2 The determination will take into account the tenderer financial, technical, and

production capabilities. It will be based upon an examination of the documentary

evidence of the tenderers qualifications submitted by the tenderer, pursuant to

paragraph 2.12.3 as well as such other information as the Procuring entity deems

necessary and appropriate.

2.27.3 An affirmative determination will be a prerequisite for award of the contract to the

tenderer. A negative determination will result in rejection of the Tenderer’s tender,

in which event the Procuring entity will proceed to the next lowest evaluated tender

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to make a similar determination of that Tenderer’s capabilities to perform

satisfactorily.

(b) Award Criteria

2.27.4 The Procuring entity will award the contract to the successful tenderer(s) whose

tender has been determined to be substantially responsive and has been determined

to be the lowest evaluated tender, provided further that the tenderer is determined

to be qualified to perform the contract satisfactorily.

(c) Procuring entity’s Right to Vary quantities

2.27.5 The Procuring entity reserves the right at the time of contract award to increase or

decrease the quantity of goods originally specified in the Schedule of requirements

without any change in unit price or other terms and conditions

(d) Procuring Entity’s Right to Accept or Reject any or all Tenders

2.27.6 The Procuring entity reserves the right to accept or reject any tender, and to annul

the tendering process and reject all tenders at any time prior to contract award,

without thereby incurring any liability to the affected tenderer or tenderers or any

obligation to inform the affected tenderer or tenderers of the grounds for the

Procuring entity’s action

2.28 Notification of Award

2.28.1 Prior to the expiration of the period of tender validity, the Procuring entity will

notify the successful tenderer in writing that its tender has been accepted.

2.28.2 The notification of award will constitute the formation of the Contract but will

have to wait until the contract is finally signed by both parties

2.28.3 Upon the successful Tenderer’s furnishing of the performance security pursuant to

paragraph 2.28, the Procuring entity will promptly notify each unsuccessful

Tenderer and will discharge its tender security, pursuant to paragraph 2.14

2.29 Signing of Contract

2.29.1 At the same time as the Procuring entity notifies the successful tenderer that its

tender has been accepted, the Procuring entity will send the tenderer the Contract

Form provided in the tender documents, incorporating all agreements between the

parties.

2.29.2 The parties to the contract shall have it signed within 30 days from the date of

notification of contract award unless there is an administrative review request.

2.29.3 Within thirty (30) days of receipt of the Contract Form, the successful tenderer shall

sign and date the contract and return it to the Procuring entity.

16

2.30 Performance Security

2.30.1 Within Thirty (30) days of the receipt of notification of award from the Procuring

entity, the successful tenderer shall furnish the performance security in accordance

with the Conditions of Contract, in the Performance Security Form provided in the

tender documents, or in another form acceptable to the Procuring entity.

2.30.2 Failure of the successful tenderer to comply with the requirements of paragraph

2.27 or paragraph 2.28 shall constitute sufficient grounds for the annulment of the

award and forfeiture of the tender security, in which event the Procuring entity may

make the award to the next lowest evaluated Candidate or call for new tenders.

2.31 Corrupt or Fraudulent Practices

2.31.1 The Procuring entity requires that tenderers observe the highest standard of ethics

during the procurement process and execution of contracts when used in the present

regulations, the following terms are defined as follows;

(i) “corrupt practice” means the offering, giving, receiving, or soliciting of

anything of value to influence the action of a public official in the

procurement process or in contract execution; and

(ii) “fraudulent practice” means a misrepresentation of facts in order to

influence a procurement process or the execution of a contract to the

detriment of the Procuring entity, and includes collusive practice among

tenderer (prior to or after tender submission) designed to establish tender

prices at artificial non-competitive levels and to deprive the Procuring entity

of the benefits of free and open competition;

2.31.2 The procuring entity will reject a proposal for award if it determines that the

tenderer recommended for award has engaged in corrupt or fraudulent practices in

competing for the contract in question.

2.31.3 Further a tenderer who is found to have indulged in corrupt or fraudulent practices

risks being debarred from participating in public procurement in Kenya.

17

Appendix to Instructions to Tenderers

The following information regarding the particulars of the tender shall complement

supplement or amend the provisions of the instructions to tenderers. Wherever there is a

conflict between the provision of the instructions to tenderers and the provisions of the

appendix, the provisions of the appendix herein shall prevail over those of the instructions

to tenderers.

Instructions to

tenderers

Particulars of appendix to Instructions to Tenderers

2.1.1 1(i) Eligible Tenderers shall be established firms that are dealing in supply and delivery

of bottled water.

2.2.2 The tender document can be down loaded from the Central Bank of Kenya

website: www.centralbank.go.ke or the IFMIS Tender Portal

www.supplier.treasury.go.ke for free

2.4.1 Clarification may be sought 4 days before deadline for submission of tenders.

2.7 The tender prepared by the tenderer shall comprise in addition to documents

specified under clause 2.7 all other documents described in clause 2.3.1 except form

specified in this tender document and any other document required in determining

qualification of the tenderer in view of the evaluation criteria below.

2.9.2 Price quoted shall be net inclusive of VAT and all other taxes payable

2.10 Prices shall be quoted in Kenya Shillings

2.11.1 Proof of eligibility and qualifications documents of evidence required

(See qualification criteria below).

2.12.2 A Tender Security of Kshs 50,000 valid for 150 days after the date of tender opening.

2.13.1 The validity period of the Tender shall be 120 days from the closing date of Tenders.

2.14.1 Bidders to submit one original of the tender document

1.16.1 Closing date of the Tender shall be 15th March 2018 at 10.30am

2.20.2 The tender sum as submitted and read out during the tender opening shall be absolute

and final and shall not be the subject of correction, adjustment or amendment in any

way.

http://www.centralbank.go.ke/

http://www.supplier.treasury.go.ke/

18

2.27 Evaluation criteria

The received tenders will be evaluated in three stages as detailed below:

1. Stage 1: Compliance with Mandatory Requirements 2. Stage 2: Compliance with Technical Requirements on Capacity to Deliver the

contract 3. Stage 3: The Financial Evaluation

Stage 1: Mandatory Requirements (MR)

The following mandatory requirements must be met notwithstanding other requirements in the document:

No Requirements Tenderers Response

MR 1 Provide documentary evidence of the company’s Certificate of Incorporation OR Business Registration Certificate

MR 2 Provide copy of the company’s Certificate of Tax Compliance issued by Kenya Revenue Authority (KRA) valid at least up-to the date of tender opening

MR 3 Provide a valid laboratory test report issued by Kenya Bureau of Standards (KEBS)

MR 4 Provide a sample of bottled water quoted for - Sample provided shall be used to evaluate the bidders on compliant with the required quality/quantity

MR 5 Provide a Tender security of Kshs 50,000.00 in the format provided in this tender document (Valid for 150 days after tender opening)

Bidders complying with all the above requirements will proceed to the second stage of technical evaluation on capacity to deliver the contract. Stage 2: Technical Evaluation on Capacity to Deliver the Contract Tenderers meeting all the mandatory requirements in stage one will have their bids subjected to the Technical Evaluation on capacity to deliver the goods based on technical parameters given in the table below:

Evaluation Attribute Weighting Score Max Score %

Tenderer’s Response

T1 Type of Bottled water proposed as supported by

Mineral water: 35%

Others- Purified, filtered, etc. 10%

35

19

the sample- (the bidder must specify type)

T2 Number of years in the business of Supplying bottled water

3 Years and above: 10%

Below 3yrs prorated at: Number of years x 10 3

10

T3 Provide a list of corporate clients and give references for which successful supply of bottled drinking water has been provided

5 or more clients: 10%

Below 5 clients prorated at: Number of clients x 10 5

10

T4 List of personnel in employment proposed to be dedicated for the required supply: a) Management personnel with relevant experience above 2years (provide CV for person dedicated for the delivery) b) Other supportive staff; personnel proposed to be working with the proposed manager.

One management personnel with experience of two years & above - 10 marks

Below 2 years prorated at: Experience x10

2

2 employees and above scores 10 marks.

Less than 2 employees 0 marks

(The category should be supported by a list of employees indicating their employment status i.e. permanent or others).

20

T5 Provide copy of ISO Certification

Valid copy of ISO certificate -10% 10

T6 Availability of branches in Nairobi, MBSA, Kisumu and Meru, Nyeri& Nakuru

> or 4 locations

<4 locations

10 5

Total 100

Only tenderers that score 75% and above on the above Technical Evaluation will qualify for Financial Evaluation. Stage 3. FINANCIAL EVALUATION Financial Evaluation shall involve checking arithmetic errors and completeness of the financial bids. Tenderers that score 75 % and above under Technical Evaluation on Capacity to deliver the contract will be ranked and the lowest bidder for each location/lot recommended for award of the contract.

20

SECTION III: GENERAL CONDITIONS OF CONTRACT

Table of Clauses

Page

3.1 Definitions………………………………………………… 24

3.2 Application………………………………………….….... 24

3.3 Country of Origin…………………………………..….... 24

3.4 Standards…………………………………………………. 24

3.5 Use of Contract documents and information……….... 25

3.6 Patent Rights…………………………………………..… 25

3.7 Performance security………………………………….… 25

3.8 Inspection and Tests………………………………….…. 26

3.9 Packing……………………………………………….…... 26

3.10 Delivery and documents…………………………….…. 26

3.11 Insurance ……………………………………………...…. 27

3.12 Payment………………………………………………..… 27

3.13 Price………………………………………………………. 27

3.14 Assignments……………………………………………… 27

3.15 Sub contracts………………………………………….….. 27

3.16 Termination for default………………………………….. 27

3.17 Liquidated damages………………………………….….. 28

3.18 Resolution of Disputes………………………………..… 28

3.19 Language and law……………………………………….. 28

3.20 Force Majeure………………………………………….… 29

21

SECTION III - GENERAL CONDITIONS OF CONTRACT

3.1 Definitions

3.1.1 In this Contract, the following terms shall be interpreted as indicated: -

(a) “The Contract” means the agreement entered into between the Procuring

entity and the tenderer, as recorded in the Contract Form signed by the

parties, including all attachments and appendices thereto and all documents

incorporated by reference therein.

(b) “The Contract Price” means the price payable to the tenderer under the

Contract for the full and proper performance of its contractual obligations

(c) “The Goods” means all of the equipment, machinery, and/or other

materials, which the tenderer is required to supply to the Procuring entity

under the Contract.

(d) “The Procuring entity” means the organization purchasing the Goods under

this Contract.

(e) “The Tenderer’ means the individual or firm supplying the Goods under this

Contract.

3.2 Application

3.2.1 These General Conditions shall apply in all Contracts made by the Procuring entity

for the procurement installation and commissioning of equipment

3.3 Country of Origin

3.3.1 For purposes of this clause, “Origin” means the place where the Goods were mined,

grown or produced.

3.3.2 The origin of Goods and Services is distinct from the nationality of the tenderer.

3.4 Standards

3.4.1 The Goods supplied under this Contract shall conform to the standards mentioned

in the Technical Specifications.

3.5 Use of Contract Documents and Information

3.5.1 The tenderer shall not, without the Procuring entity’s prior written consent, disclose

the Contract, or any provision therefore, or any specification, plan, drawing,

pattern, sample, or information furnished by or on behalf of the Procuring entity in

connection therewith, to any person other than a person employed by the tenderer

in the performance of the Contract.

22

3.5.2 The tenderer shall not, without the Procuring entity’s prior written consent, make

use of any document or information enumerated in paragraph 3.5.1 above

3.5.3 Any document, other than the Contract itself, enumerated in paragraph 3.5.1 shall

remain the property of the Procuring entity and shall be returned (all copies) to the

Procuring entity on completion of the Tenderer’s performance under the Contract

if so required by the Procuring entity

3.6 Patent Rights

3.6.1 The tenderer shall indemnify the Procuring entity against all third-party claims of

infringement of patent, trademark, or industrial design rights arising from use of

the Goods or any part thereof in the Procuring entity’s country

3.7 Performance Security

3.7.1 Within thirty (30) days of receipt of the notification of Contract award, the

successful tenderer shall furnish to the Procuring entity the performance security in

the amount specified in Special Conditions of Contract.

3.7.2 The proceeds of the performance security shall be payable to the Procuring entity

as compensation for any loss resulting from the Tenderer’s failure to complete its

obligations under the Contract.

3.7.3 The performance security shall be denominated in the currency of the Contract, or

in a freely convertible currency acceptable to the Procuring entity and shall be in

the form of a bank guarantee or an irrevocable letter of credit issued by a reputable

bank located in Kenya or abroad, acceptable to the Procuring entity, in the form

provided in the tender documents.

3.7.4 The performance security will be discharged by the Procuring entity and returned

to the Candidate not later than thirty (30) days following the date of completion of

the Tenderer’s performance obligations under the Contract, including any warranty

obligations, under the Contract

3.8 Inspection and Tests

3.8.1 The Procuring entity or its representative shall have the right to inspect and/or to

test the goods to confirm their conformity to the Contract specifications. The

Procuring entity shall notify the tenderer in writing in a timely manner, of the

identity of any representatives retained for these purposes.

3.8.2 The inspections and tests may be conducted in the premises of the tenderer or its

subcontractor(s), at point of delivery, and/or at the Goods’ final destination If

conducted on the premises of the tenderer or its subcontractor(s), all reasonable

facilities and assistance, including access to drawings and production data, shall be

furnished to the inspectors at no charge to the Procuring entity.

23

3.8.3 Should any inspected or tested goods fail to conform to the Specifications, the

Procuring entity may reject the equipment, and the tenderer shall either replace the

rejected equipment or make alterations necessary to make specification

requirements free of costs to the Procuring entity.

3.8.4 The Procuring entity’s right to inspect, test and where necessary, reject the goods

after the Goods’ arrival shall in no way be limited or waived by reason of the

equipment having previously been inspected, tested and passed by the Procuring

entity or its representative prior to the equipment delivery.

3.8.5 Nothing in paragraph 3.8 shall in any way release the tenderer from any warranty

or other obligations under this Contract.

3.9 Packing

3.9.1 The tenderer shall provide such packing of the Goods as is required to prevent their

damage or deterioration during transit to their final destination, as indicated in the

Contract.

3.9.2 The packing, marking, and documentation within and outside the packages shall

comply strictly with such special requirements as shall be expressly provided for in

the Contract

3.10 Delivery and Documents

3.10.1 Delivery of the Goods shall be made by the tenderer in accordance with the terms

specified by Procuring entity in its Schedule of Requirements and the Special

Conditions of Contract

3.11 Insurance

3.11.1 The Goods supplied under the Contract shall be fully insured against loss or damage

incidental to manufacturer or acquisition, transportation, storage, and delivery in

the manner specified in the Special conditions of contract.

3.12 Payment

3.12.1 The method and conditions of payment to be made to the tenderer under this

Contract shall be specified in Special Conditions of Contract

3.12.2 Payments shall be made promptly by the Procuring entity as specified in the

contract

3.13 Prices

3.13.1 Prices charged by the tenderer for goods delivered and services performed under

the Contract shall not, with the exception of any price adjustments authorized in

Special Conditions of Contract, vary from the prices by the tenderer in its tender.

24

3.13.2 Contract price variations shall not be allowed for contracts not exceeding one year

(12 months)

3.13.3 Where contract price variation is allowed, the variation shall not exceed 10% of

the original contract price.

3.13.4 Price variation request shall be processed by the procuring entity within 30 days

of receiving the request.

3.14. Assignment

3.14.1 The tenderer shall not assign, in whole or in part, its obligations to perform under

this Contract, except with the Procuring entity’s prior written consent

3.15 Subcontracts

3.15.1 The tenderer shall notify the Procuring entity in writing of all subcontracts awarded

under this Contract if not already specified in the tender. Such notification, in the

original tender or later, shall not relieve the tenderer from any liability or obligation

under the Contract

3.16 Termination for default

3.16.1 The Procuring entity may, without prejudice to any other remedy for breach of

Contract, by written notice of default sent to the tenderer, terminate this Contract

in whole or in part

(a) if the tenderer fails to deliver any or all of the goods within the period(s)

specified in the Contract, or within any extension thereof granted by the

Procuring entity

(b) if the tenderer fails to perform any other obligation(s) under the Contract

(c) if the tenderer, in the judgment of the Procuring entity has engaged in

corrupt or fraudulent practices in competing for or in executing the

Contract

3.16.2 In the event the Procuring entity terminates the Contract in whole or in part, it may

procure, upon such terms and in such manner as it deems appropriate, equipment

similar to those undelivered, and the tenderer shall be liable to the Procuring entity

for any excess costs for such similar goods.

3.17 Liquidated Damages

3.17.1. If the tenderer fails to deliver any or all of the goods within the period(s) specified

in the contract, the procuring entity shall, without prejudice to its other remedies

under the contract, deduct from the contract prices liquidated damages sum

equivalent to 0.5% of the delivered price of the delayed items up to a maximum

deduction of 10% of the delayed goods. After this the tenderer may consider

termination of the contract.

25

3.18 Resolution of Disputes

3.18.1 The procuring entity and the tenderer shall make every effort to resolve amicably

by direct informal negotiation and disagreement or dispute arising between them

under or in connection with the contract

3.18.2 If, after thirty (30) days from the commencement of such informal negotiations

both parties have been unable to resolve amicably a contract dispute, either party

may require adjudication in an agreed national or international forum, and/or

international arbitration.

3.19 Language and Law

3.19.1 The language of the contract and the law governing the contract shall be English

language and the Laws of Kenya respectively unless otherwise stated.

3.20 Force Majeure

3.20.1 The tenderer shall not be liable for forfeiture of its performance security or

termination for default if and to the extent that it’s delay in performance or other

failure to perform its obligations under the Contract is the result of an event of

Force Majeure.

26

SECTION IV: SPECIAL CONDITIONS OF CONTRACT

4.1 Special conditions of contract shall supplement the general conditions of contract,

wherever there is a conflict between the GCC and the SCC, the provisions of the

SCC herein shall prevail over those in the GCC.

4.2 Special conditions of contract with reference to the general conditions of contract.

General conditions

of contract reference

Special conditions of contract

3.1 (b) The contract price will be in Kenya Shillings

3.1 (C) The goods to be supplied is for supply and delivery of bottled drinking

water.

3.1 (d) The procuring entity is Central Bank of Kenya, P. O. Box 60000 –

00200, Nairobi

3.7.1 No performance security is required for this tender.

3.7 1. Delivery of the services shall be made by the bidder at sites designated

in the Contract.

2. Upon delivery of the services, the bidder shall notify the Bank and

forward the following documents to the Bank, KSMS, Branch or Centre:

(i) Copies of the supplier delivery note and invoice showing services

rendered and total amount as per contract.

3.12 The method and conditions of payment to the bidder under this contract shall

be as follows:

(i) payment for the Goods/services shall be made in Kenya

shillings upon certified deliveries

(ii) there shall be no advance payment under this contract

(iii) Payment will be made by the Bank, within thirty (30) days

after submission of an invoice and a statement or claim by the

bidder.

3.9 No price adjustments will be allowed unless under exceptional

circumstances and upon approval by the Bank

3.14 If both parties have been unable to resolve amicably a contract dispute

either party may require that the dispute be referred to a court of law

3.17 The laws of Kenya shall apply

27

SECTION V: SCHEDULE OF REQUIREMENTS AND PRICING

A: CBK HEAD OFFICE

Contract Effective Dates

1st May 2018 to 30th April 2020

Item Description Qty Estimated

Qty for 2

yrs.

Unit cost

applicable for

the period

Unit price of other

incidental services

payable , if any

Provision of water

dispensers with the

following specs

-Hot and cold output

-Provision of storage

compartment

-Stand-alone unit

-Indicate if on hire

84 84

Supply of 18-20 litres

bottles

200/weekly 20,800

Supply of 500ml

bottles of drinking

water

384/weekly 39,936

Sanitation of

dispensers

Quarterly 8

28

B: KENYA SCHOOL OF MONETARY STUDIES


1st May 2018 to 30th April 2020


Qty for 2yrs

Unit cost

applicable for

the period

Unit price of other

incidental services

payable , if any

Provision of water

dispensers with the

following specs



compartment

-Stand-alone unit


80 80

Empty Dispenser

water bottles

-Indicate if on lease

100 100


bottles

417/month 10,008

Supply of KSMS

Branded 500ml

bottles of drinking

water

15,000/month 360,000

Disposal cups 1000/month 24,000

Sanitation of

dispensers

Quarterly 8

29

B: MOMBASA BRANCH


1st July 2018 to 30th April 2020

Deliveries to be made twice weekly on Tuesdays and Thursdays

Invoicing of water for the Bank to be done separately from Police residents


Qty for 22

months

Unit cost

applicable for

the period.

Unit price of other

incidental services

payable , if any

Provision of water

dispensers with the

following specs



compartment

-Stand-alone unit


15 15


bottles at Branch

241/month 5302


bottles for Police

Residents

250/month 5500

Sanitation of

dispensers

Quarterly 7

30

C: KISUMU BRANCH


1st September 2018 to 30th April 2020


Qty for 20

months.

Unit cost

applicable for

the period.

Unit price of other

incidental services

payable , if any

Provision of water

dispensers with the

following specs



compartment

-Stand-alone unit


75 75


bottles

220/month 4,400

Supply of 500ml

bottles of drinking

water

450/month 9,000

Sanitation of

dispensers

Quarterly 7

31

D: MERU CURRENCY CENTRE


1st July 2019 to 30th April 2020


Qty for 10

months

Unit cost

applicable for

the period

Unit price of other

incidental services

payable , if any

Provision of water

dispensers with the

following specs



compartment

-Stand-alone unit


4 4


bottles

35/month 350

Sanitation of

dispensers

Quarterly 3

32

E: NAKURU CURRENCY CENTRE


1st August 2018 to 30th April 2020


Qty for 21

months

Unit cost

applicable for

the period

Unit price of other

incidental services

payable , if any

Provision of water

dispensers with the

following specs



compartment

-Stand-alone unit


8 8


bottles

50/month 1050

Sanitation of

dispensers

Quarterly 7

33

F: NYERI CURRENCY CENTRE


1st September 2018 to 30th April 2020


Qty for 20

months

Unit cost

applicable for

the period

Unit price of

other incidental

services payable ,

if any

Provision of water

dispensers with the

following specs



compartment

-Stand-alone unit


6 6

Supply of 18-20

litres bottles

50/month 1,000

Sanitation of

dispensers

Quarterly 7

Delivery Time: To be advised where not specified

Signature of tenderer

Note: In case of discrepancy between unit and total price, the unit price shall prevail.

34

SECTION VI - TECHNICAL REQUIREMENTS Interested firms are required to meet the following Technical Requirements:

i. Be incorporated or registered firms. Documentary evidence of the company’s Certificate of Incorporation / Business Registration Certificate should be provided.

ii. Be up-to date in payment of taxes. Proof of payment of tax required by

providing valid copy of the company’s Certificate of Tax Compliance issued by Kenya Revenue Authority (KRA)

iii. Have at least three years experienced in the business of supply of bottled water.

iv. Provide a list of clients and references for which successful supplies of bottled water has been provided.

v. The water to be supplied must be approved by relevant authorities (such as

Kenya Bureau of Standards). Valid supportive documentations for the approval must be provided.

vi. The details of the required supply are as provided in the price schedule. vii. Delivery Period: The successful tenderer is expected to commence delivery

immediately upon expiry of the notification period or as instructed by the procuring entity. The responsibility for delivery shall rest entirely with the Supplier.

viii. Insurance and Safety: Attention should be given to safety precautions while

delivery is being made to prevent damage or accidents.

ix. Fixed Price Contract: The contract is a fixed price contract and shall be quoted in Kenya Shillings.

x. Financial evaluation will be based on the unit price per bottle. xi. Delivery /refill - empty bottles of water should be refilled as per each

respective Branch or at any other agreed schedule subject to the total number of water to be supplied per week as stated above.

Xiv Quality: The water to be supplied should be “Bottled Drinking Water” preferably mineral water and confirmed fit for human consumption. The sample to be provided must be supported by valid Kenya Bureau of Standard (KEBS) Laboratory Test Report.

35

xv. Payments will be based on the number of bottles of water consumed per given period of time preferably monthly. xvi. The number of the bottles of water to be supplied may be adjusted by giving a short notice as need may arise. xvii. The contract for supply of bottled drinking water is for a period of two years

on framework contract renewable based on satisfactory performance. The commencement date shall be indicated in the supply agreement.

36

SECTION VII- STANDARD FORMS

7.1 Form of Tender: The tenderer shall complete and submit with its tender the form

of tender and price schedules pursuant to instructions to tenderers clause 2.8 and in

accordance with the requirements included in the special conditions of contract.

7.2 Contract Form: Shall be deemed to form part of the contract and should be

modified accordingly at the time of contract award to incorporate corrections or

modifications agreed by the tenderer and the procuring entity in accordance with the

instructions to tenderers or general conditions of contract.

7.3 Confidential Business Questionnaire: This forms should be completed by all the

tenderers and submitted together with the bid.

7.4 Tender Security: When requested by the appendix to the instructions to tenderers,

the tenderer should provide the tender security, either in the form included herein or in

another form acceptable to the procuring entity pursuant to instructions to tenderers clause

7.5 Performance Security Form: Should not be completed by the tenderers at the time

of tender preparation. Only the successful tenderer will be required to provide performance

security and bank guarantee for advance payment forms in accordance with the forms

indicated herein or in another form acceptable to the procuring entity and pursuant to the –

conditions of contract.

7.6 The Principal’s or Manufacturer’s Authorization Form: should be completed by

the principal or the manufacturer, as appropriate in accordance with the tender documents.

7.7 Letter of Notification of Award: This form should not be completed at the time of

summiting the bid. The form is a sample to be used to notify the successful bidder.

7.8 Form RB 1 : This form should not be completed at the time of summiting the bid. The

form is a sample to be used by the tenderers to lodge any appeals.

37

7.1 FORM OF TENDER Date____________________________

Tender No._______________________

To……………………..

…………………………..

[Name and address of procuring entity]

Gentlemen and/or Ladies:

1. Having examined the tender documents including Addenda

Nos. [insert numbers,

the of which is hereby duly acknowledged, wed, the undersigned, offer to provide.

[description of services]

in conformity with the said tender documents for the sum of . [total tender amount in

words and figures]

or such other sums as may be ascertained in accordance with the Schedule of Prices

attached herewith and made part of this Tender.

2. We undertake, if our Tender is accepted, to provide the services in accordance with the

services schedule specified in the Schedule of Requirements.

3. If our Tender is accepted, we will obtain the tender guarantee in a sum equivalent to

_____ percent of the Contract Price for the due performance of the Contract, in the

form prescribed by (Procuring entity).

4. We agree to abide by this Tender for a period of 120 days from the date fixed for tender

opening of the Instructions to tenderers, and it shall remain binding upon us and may

be accepted at any time before the expiration of that period.

5. Until a formal Contract is prepared and executed, this Tender, together with your

written acceptance thereof and your notification of award, shall constitute a binding

Contract between us.

Dated this _________________ day of_________________ 20

[signature] [In the capacity of]

Duly authorized to sign tender for and on behalf of___________

38

7.2 CONTRACT FORM

THIS AGREEMENT made the ___day of _____20____between…………[name of

procurement entity] of ……………….[country of Procurement entity](hereinafter called

“the Procuring entity”) of the one part and ……………………[name of tenderer] of

……….[city and country of tenderer](hereinafter called “the tenderer”) of the other part.

WHEREAS the procuring entity invited tenders for certain materials and spares.

Viz……………………..[brief description of materials and spares] and has accepted a

tender by the tenderer for the supply of those materials and spares in the spares in the sum

of ………………………………………[contract price in words and figures]

NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:

1. In this Agreement words and expressions shall have the same meanings as are

respectively assigned to them in the Conditions of Contract referred to.

2. The following documents shall be deemed to form and be read and construed as part

of this Agreement, viz.:

(a) the Tender Form and the Price Schedule submitted by the tenderer;

(b) the Schedule of Requirements;

(c) the Technical Specifications;

(d) the General Conditions of Contract;

(e) the Special Conditions of Contract; and

(f) the Procuring entity’s Notification of Award.

3. In consideration of the payments to be made by the Procuring entity to the tenderer as

hereinafter mentioned, the tenderer hereby covenants with the Procuring entity to

provide the materials and spares and to remedy defects therein in conformity in all

respects with the provisions of the Contract

4. The Procuring entity hereby covenants to pay the tenderer in consideration of the

provision of the materials and spares and the remedying of defects therein, the Contract

Price or such other sum as may become payable under the provisions of the contract at

the times and in the manner prescribed by the contract.

IN WITNESS whereof the parties hereto have caused this Agreement to be executed in

accordance with their respective laws the day and year first above written.

Signed, sealed, delivered by___________the _________(for the Procuring entity)

Signed, sealed, delivered by___________the __________(for the tenderer)

in the presence of_______________.

39

7.3 CONFIDENTIAL BUSINESS QUESTIONNAIRE/PROFILE OF

THE COMPANY

You are requested to give the particulars indicated in Part 1 and either Part 2 (a), 2(b) or

2(c) whichever applied to your type of business.

You are advised that it is a serious offence to give false information on this form.

Part 1 General

Business Name .......................................................................................................................

Location of Business Premises .............................................................................................

Plot No, ..........................................................Street/Road .....................................................

Postal address ........................Tel No. ..................................Fax

Email ......................................................................................

Nature of Business ................................................................................................................

Registration Certificate No. ...................................................................................................

Maximum value of business which you can handle at any one time – Kshs. ........................

Name of your

bankers ...................................................................................................................................

................................................................................................................................................

Branch ....................................................................................................................................

Part 2 (a) – Sole Proprietor

Your name in full……………………….Age………………………………………….

Nationality……………………………Country of Origin……………………………..

Citizenship details

……………………………………………………..

Part 2 (b) – Partnership

Given details of partners as follows

Name Nationality Citizenship details Shares

1. …………………………………………………………………………………………

2. …………………………………………………………………………………………

3. …………………………………………………………………………………………

4. …………………………………………………………………………………………

Part 2 (c) – Registered Company

Private or Public

State the nominal and issued capital of company

Nominal Kshs.

Issued Kshs.

Given details of all directors as follows

Name Nationality Citizenship details Shares

1. …………………………………………………………………………………………

2. …………………………………………………………………………………………

3. …………………………………………………………………………………………

4. …………………………………………………………………………………………

Date……………………………………….Signature of Candidate………………………..

40

7.4 TENDER SECURITY FORM

Whereas ………………………………………..[name of the tenderer]

(hereinafter called “the tenderer”)has submitted its tender dated………………..[date of

submission of tender ] for the provision of

………………………………………………..[name and/or description of the services]

(hereinafter called “the Tenderer”)……………………………………………………..

KNOW ALL PEOPLE by these presents that WE………………………………………

Of……………………………………………having registered office at

[name of procuring entity](hereinafter called “the Bank”)are bound unto………………

[name of procuring entity](hereinafter called “the procuring entity”) in the sum of ………..

for which payment well and truly to be made to the said Procuring entity, the Bank binds

itself, its successors, and assigns by these presents. Sealed with the Common Seal of the

said Bank this___________ day of 20_________.

THE CONDITIONS of this obligation are:

1. If the tenderer withdraws its Tender during the period of tender validity specified by the

tenderer on the Tender Form; or

2. If the tenderer, having been notified of the acceptance of its Tender by the Procuring

entity during the period of tender validity:

(a) fails or refuses to execute the Contract Form, if required; or

(b) fails or refuses to furnish the performance security, in accordance with the

instructions to tenderers;

we undertake to pay to the Procuring entity up to the above amount upon receipt of its first

written demand, without the Procuring entity having to substantiate its demand, provided

that in its demand the Procuring entity will note that the amout claimed by it is due to it,

owing to the occurrence of one or both of the two conditions, specifying the occurred

condition or conditions.

This guarantee will remain in force up to and including thirty (30) days after the period of

tender validity, and any demand in respect thereof should reach the Bank not later than the

above date. ____________________________________________________

[signature of the bank] (Amend accordingly if provided by Insurance Company)

41

7.5 PERFORMANCE SECURITY FORM

To:

……………………………………………………………………………………………..

[name of the Procuring entity]

WHEREAS……………………………….[name of tenderer]

(hereinafter called “the tenderer”) has undertaken, in pursuance of Contract

No.___________[reference number of the contract] dated _______________20______to

supply……………………………………………………………………………………..

[Description services](Hereinafter called “the contract”)

AND WHEREAS it bas been stipulated by you in the said Contract that the tenderer shall

furnish you with a bank guarantee by a reputable bank for the sum specified therein as

security for compliance with the Tenderer’s performance obligations in accordance with

the Contract.

AND WHEREAS we have agreed to give the tenderer a guarantee:

THEREFORE WE hereby affirm that we are Guarantors and responsible to you, on behalf

of the tenderer, up to a total of …………………………………………………….

[amount of the guarantee in words and figures],

and we undertake to pay you, upon your first written demand declaring the tenderer to be

in default under the Contract and without cavil or argument, any sum or sums within the

limits of ………………………..

[amount of guarantee] as aforesaid, without your needing to prove or to show grounds or

reasons for your demand or the sum specified therein.

This guarantee is valid until the _____ day of 20

__________________________________________________________________

Signature and seal of the Guarantors

____________________________________________________________________

[name of bank or financial institution]

____________________________________________________________________

[address]

______________________________________________________________________

[date]

42

7.7 LETTER OF NOTIFICATION OF AWARD

Address of Procuring Entity

_____________________

_____________________

To:

RE: Tender No.

Tender Name

This is to notify that the contract/s stated below under the above mentioned tender have

been awarded to you.

1. Please acknowledge receipt of this letter of notification signifying your

acceptance.

2. The contract/contracts shall be signed by the parties within 30 days of the date of

this letter but not earlier than 14 days from the date of the letter.

3. You may contact the officer(s) whose particulars appear below on the subject

matter of this letter of notification of award.

(FULL PARTICULARS)

SIGNED FOR ACCOUNTING OFFICER

43

7.8 FORM RB 1 REPUBLIC OF KENYA

PUBLIC PROCUREMENT ADMINISTRATIVE REVIEW BOARD

APPLICATION NO…………….OF……….….20……...

BETWEEN

…………………………………………….APPLICANT

AND

…………………………………RESPONDENT (Procuring Entity)

Request for review of the decision of the…………… (Name of the Procuring Entity) of

……………dated the…day of ………….20……….in the matter of Tender

No………..…of …………..20…

REQUEST FOR REVIEW

I/We……………………………,the above named Applicant(s), of address: Physical

address…………….Fax No……Tel. No……..Email ……………, hereby request the

Public Procurement Administrative Review Board to review the whole/part of the above

mentioned decision on the following grounds , namely:-

1.

2.

etc.

By this memorandum, the Applicant requests the Board for an order/orders that: -

1.

2.

etc

SIGNED ……………….(Applicant)

Dated on…………….day of ……………/…20…

FOR OFFICIAL USE ONLY

Lodged with the Secretary Public Procurement Administrative Review Board on …………

day of ………....20….………

SIGNED

Board Secretary

44

7.9 DECLARATION FORM

Date

To

The tenderer i.e. (name and

address)

declare the following:

a) Has not been debarred from participating in public procurement.

b) Has not been involved in and will not be involved in corrupt and

fraudulent practices regarding public procurement.

Title Signature Date

(To be signed by authorized representative and officially stamped)